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S-756 - 06/08/1993 - VARIATION - Ordinances i• ORDINANCE S- 756 -93-VA AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII(D) (8) (c) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD REQUIREMENTS (27 ROBIN HOOD RANCH) WHEREAS, an application has been filed requesting a variation from the provisions of Section VII(D) (8) (c) of the Oak Brook Zoning Ordinance, to permit the construction of an addition encroaching approximately 30 feet into the required 60-foot required rear yard on the property hereinafter described; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on May 4, 1993 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Section XIII(G) (4) of the said Oak Brook Zoning Ordinance; and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section VII(D) (8) (c) of the Zoning Ordinance of the Village of Oak Brook so as to permit construction of an addition encroaching approximately 30 feet into the 60-foot required rear yard, provided that the addition is constructed in substantial conformity with the plans by Nicholas & Associates, consisting of three sheets as last revised on February 8, 1993, incorporated herein by reference. Section 3: That this Ordinance is limited and restricted to the property known as 27 Robin Hood Ranch, Oak Brook, IL, which property is legally described as follows: Lot 21 in Robinhood Ranch Subdivision, being a subdivision of part of the West half of Section 3, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded June 15, 1953, as Document No. 65-421, in DuPage County, IL. Permanent Parcel No. 06-36-105 7007. f Ordinance S- 756 -93-VA Granting a Variation to a Rear Yard 27 Robin Hood Ranch Page 2 Failure to complete construction of the addition described in Section 2 within two years from the date of passage of this ordinance shall render this variation null and void without further notice or action by the Village. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 8th day of June , 1993. Ayes: Trustees Bartecki, Kenny, Payovich, Shumate and Skinner Nays: None Absent: Trustee McInerney Abstain: None APPROVED THIS 8th day of June , 1993. 4ViagegPresident ATTEST:Vil age Clerk Approved as to Form: Village Attorney Published _ Date Paper - � - Not Published XX strahan.word r' ii NOW rr � e "�nn -- -` !A&r. REGISTERED ILLINOIS LAND'SURVEYORS , d�lY,w dA-..i� .c+r'�4+;.n•w.;.'Yt°ia'tl ... ..f. BPYR••i�}a.;i° ->'lti,t ,y" �.::•.': .,,'v� ,, :=J.otin�Neison` �k -"x RIEN,'ILLINOIS 60559 206W 69TH ST MA � Res"312 920 9019 " i 'PLAT OF SURVEY LOT 21 IN •ROBINHOOO RANCH SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST 1/2 or SLCTION 3 ;i.�SDWN5f11P;39 NURTH, RANGE 1�, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THERL•OF RECORDED JUNE 15, 53, A5 DOC.065-421, IN DUPAGE COIINIY, ILLINOIS I' , m 170.0 ' R:..- APPROVED VILLAGE OF OAK BROOK LOT 7J / m GINEERING DEPT.-- ✓..�p /U a SEQ(^1�.L,�I1'eyy LINE ?2of23SL wnfE�• sc�Jl\� = o�I4J"I'---- of F3 Bolt -; ins 6 A ROBIN14000 RANCH RD a NOTE: u PUBLIC 0711,1!y EA5E 9FVt \ I �XIS1•I1J! OPE1'—•l"Y rip. rlvD IROV Ptir s FIR, = FIND IRON 11 CP, v CONCRETE PARCH C41, = C04rPEIE HALM. OLACKTOP stele:1 lnen•.-20'.__—�- " 1 M,MY.01 m•1 1 Mw.-.Wd IN. 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I 0 uj�O Ll •o.LY w.:i+eeuxea a' .Ycu�u u.vml crsvm. nu. .4ry=ewcnX;um+e _ �yNC3eePC.tifdl. -;, 1 I -0 7 .^JE FbX.,,.N wn:lasn , 3 I • • • '"F eif. 4a� F. � .p"yt 4wcm n•mr'R OCWF.GY N' _., 5. ,. w.v.vs T �I _ -- ---�-- --.- _.__... _ 1 I�'p•. ox.1p.a•�e ee�.wxea ._....-_ -1L� L._-�•o T`(P!C6L WdLt. E7 YoBINfYX"D P�NCJ1 'PA._`f% !•PO'O' 0l3 pnrX. t T 1 �V MICA�m �_—M..� _ � ��•�i � Ilf1 "`ze — --- K ..sac¢evrx--> ._ NoerY ELEVdT10U Solrli ELEVdTOU MsscN our r_ n WebT MLLNA-Mc4J - i r- ZI ui In / NGW YlWC C0.U1%N/OCiC' DM:ZOM-12 EAST ELEVdT1OO Jai I III R L { I r--4� - rw II ¢ — 1p U }d$� app i4L 4 F pp jj I _ T I P f _-- --� LIP I �' 11 Irk I I - _ �—{ o _ r 2 ; A3 ggep a£_a iro =� g . VICuOLdS lssoGATES JMYODELWG .ACS?IDAIS , t 4 240 E,LILLCOLN Q C ro MF{T{..7PC850-93P4E4R.0',2 G0 IL L.NOg S ah 27 VOIN M I"OfR71O=sO sIDEN�' IILLWOIS':' - r f 4m ! I I a jI � I II y nx ru , i I , , � I pr— I n I I I J� _ e g ! : p utCUo�dS #.ossoc,nres o=s:,_ uN4 # A4rgenricu5 - A i[ F f0 Tom-A1 rrosnrrr, iu_,o,s scnunu eas n*u�P4D E.L4CAL vae�Fy FL.708-844•E2oo. 27 ZoBI�INaA ,j o4ts?oO,C. ILLIn1013 DANO F.WoIF dIILNII'EGT , Optp Kego i x p `t1 �COUNI VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 108 990. 3000 June 10, 1993 Mr. & Mrs. Stanley Strahan 27 Robin Hood Ranch Rd. Oak Brook, IL 60521 RE: Strahan Rear Yard Variation Dear Mr. & Mrs. Strahan: The Board of Trustees at their meeting of June 8, 1993 approved your variation request. A copy of the ordinance is attached. This ordinance will be filed with the DuPage County Recorder of Deeds. You will be billed for the cost and after it is returned from the recorder, you will receive a copy of the recorded document. YA may proceed with you building permit application. Please note that the ordinance requires that the construction must be completed by June 8, 1995. Please call if you have any questions. Sincerely, Thomas R. Hawk Director of Code Enforcement TRH/gp cc: David Wolf, Nicholas & Associates Petition files saa-Or&tr G��F�qk9 �COUNT� ` VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 1000 August 19, 1993 Nicholas & Associates 240 E. Lincoln St. Mt. Prospect, Illinois 60056 Subject: S-756, Rear Yd. Variation, Stanley Strahan, 27 Robin Hood Ranch Oak Brook, Illinois 60521, R93-163056, $15.00 Pd. 7-27-93 Dear Sir: You will find a copy of the above noted document enclosed for your records. This is an important document and should be kept in a safe place and retained for your files. If you need any further assistance in this matter, please feel free to contact me. Sincerely, Linda Andrys Records Clerk Att. cc: Richards Martens, Village Attorney Tom Hawk, Director of Code Enforcement Dale Durfey, Village Engineer Official Files ZoN i N G -AR3 ��;• VANATiON-RR yD ` STRA NAO.)STAM L.Ey X, A91 iN Hb-RA)XH ORDINANCE S- 756 -93-VA OAK SRo0K)=L4&-V PS.N3k Ob-3(�-�05--007 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII(D) (8) (c) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD REQUIREMENTS (27 ROBIN HOOD RANCH) WHEREAS, an application has been filed requesting a variation from the provisions of Section VII(D) (8) (c) of the Oak Brook Zoning Ordinance, to permit the construction of an addition encroaching approximately 30 feet into 7T. p the required 60-foot required rear yard on the property hereinafter described; Gli and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on May 4, 1993 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact , that the variation requested conforms to the standards set forth in Section XIII(G) (4) of the said Oak Brook Zoning Ordinance; and =' WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF to THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: -D Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section VII(D) (8) (c) of the Zoning Ordinance of the Village of Oak Brook so as to permit construction of an addition encroaching approximately 30 feet into the 60-foot required rear yard, provided that the addition is constructed in substantial conformity with the plans by Nicholas & Associates, consisting of three sheets as last revised. on February 8, 1993, incorporated herein by reference. Section 3: That this Ordinance is limited and restricted to the property known as 27 Robin Hood Ranch, Oak Brook, IL, which property is legally described as follows: J Lot 21 in Robinhood Ranch Subdivision, being a subdivision of part of the West half of Section 3, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded June 15, 1953, as Document No. 65-421, in DuPage County, IL. Permanent Parcel No. 06-36-105-007. Ordinance S- 756 -93-VA Granting a Variation to a Rear Yard 27 Robin Hood Ranch Page 2 Failure to complete construction of the addition described in Section 2 within two years from the date of passage of this ordinance shall render this variation null and void without further notice or action by the Village. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 8th day of June , 1993. Ayes: Trustees Bartecki, Kenny, Payovich, Shumate and Skinner Nays: None Absent: Trustee McInerney Abstain: None �7 tt� APPROVED THIS 8th day of June , 1993. w r W Vi age President ATTEST: Cil CY) Vil age Clerk Approved as to Form: Village Attorney , Published Date Paper Not Published XX strahan.ord PREPARED BY: RETURN TO: Richard' A-.,Martens, Village Attorney / Linda K. Gonnella, Village Clerk Village of O-ak Brook Village of Oak Brook 1200 Oak Brock Road 1200 Oak Brook Road Oak Brook, IL '00521 Oak Brook, IL 60521 STATE OF ILLINOIS ) )SS. COUNTIES OF COOK $ DU PAGE) I , Linda K. Gonnella do hereby certify that I am the duly qualified and acting Village Clerk of the Village. of Oak Brook, DuPage and Cook Counties , Illinois . I DO FURTHER CERTIFY that the annexed document is a w -true and correct copy of ORDINANCE NO. S-756-93-VA AN ORDINANCE --- Q1 GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII(D) (8) (c) Or THE W 0 ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YAJRD cil REQUIREMENTS (27 ROBIN HOOD RANCH) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same . I DO FURTHER CERTIFY that I am the keeper of the re- cords , Journals , entries , resolutions , ordinances , and documents of the said Village of Oak Brook, DuPage and Cook Counties , Illinois . IN WITNESS WHEREOF , I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 9th day of June 19 93 lli ge Clerk of the village of Oak Brook , DuPage Cook Counties , Illinois . 4. 4 3. C. A. SEMENTA CONTRACTORS INC. - PAYOUT 02 - I-294 WATER I-294 WATER MAIN PROJECT (31st Street/Canterberry): Approved Omnibus MAIN - Vote. $4,743.02 4. ANNUAL DU PAGE METROPOLITAN ENFORCEMENT GROUP (DUMEG) DUMEG - PAYOUT: Approved Omnibus Vote. $16,760.00 D. HEALTH CARE PLAN - ACCEPTANCE OF PROPOSAL: Approved Omnibus Vote. HEALTH CARE PL KRAEMER/ 6. ITEMS REMOVED FROM OMNIBUS AGENDA: C'dANTLER ASSOC 7. FINANCIAL: A. APPROVAL OF BILLS: APPROVAL OF BILLS Voucher List of Bills Presented for Approval June 8,1993 to reflect payment from the following funds: General Corporate Fund $334,909.93 Water Fund 18,801.62 Debt Service Fund 88,380.00 Sports Core Fund 47,216.36 Trustee Bartecki moved to approve Voucher List of Bills in the total amount of $306,825.68 and authorize the Village President to affix her signature thereon. Seconded by Trustee Skinner. ROLL CALL VOTE: Ayes: 5-Trustees Bartecki, Kenny, Payovich, Shumate and Skinner. Nays: 0-None. Absent: 1-Trustee McInerney. Motion carried. - 8. ORDINANCES AND RESOLUTIONS: A ORDINANCE NO. S-756-93-VA AN ORDINANCE GRANTING A VARIATION FROM ORD. THE PROVISIONS OF SECTION VII(D)(8)(c) OF THE ZONING ORDINANCE OF S-756-93-VA THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD REQUIREMENTS (27 REAR YARD VAR. Robin Hood Ranch - Strahan) : 27 Robin Hood Ranch-Strahan Discussed and direction given at the Regular Meeting of May 25, 1993 directing the Village Attorney to draft the necessary ordinance granting the requested variation. Trustee Skinner moved to pass Ordinance No. S-756-93-VA as presented and waive the full reading thereof. Seconded by Trustee Bartecki. ROLL CALL VOTE: Ayes: 5-Trustees Bartecki, Kenny, Payovich, Shumate and Skinner. Nays: 0-None. Absent: 1-Trustee McInerney. Motion carried. VILLAGE OF OAK BROOK Minutes 3 June 8, 1993 ORDINANCE S- 756 -93-VA. AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII(D) (8) (c) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD REQUIREMENTS (27 ROBIN HOOD RANCH) WHEREAS, an application has been filed requesting a variation from the provisions of Section VII(D) (8) (c) of the Oak Brook Zoning Ordinance, to permit the construction of an addition encroaching approximately 30 feet into the required 60-foot required rear yard on the property hereinafter described; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on May 4, 1993 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Section XIII(G) (4) of the said Oak Brook Zoning Ordinance; and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section VII(D) (8) (c) of the Zoning Ordinance of the Village of Oak Brook so as to permit construction of an addition encroaching approximately 30 feet into the 60-foot required rear yard, provided that the addition is constructed in substantial conformity with the plans by Nicholas & Associates, consisting of three sheets as last revised on February 8, 1993, incorporated herein by reference. Section 3: That this Ordinance is limited and restricted to the property known as 27 Robin Hood Ranch, Oak Brook, IL, which property is legally described as follows: Lot 21 in Robinhood Ranch Subdivision, being a subdivision of part of the West half of Section 3, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded June 15, 1953, as Document No. 65-421, in DuPage County, IL. Permanent Parcel No. 06-36-105-007. rl 1 Ordinance S- 756 -93-VA Granting a Variation to a Rear Yard 27 Robin Hood Ranch Page 2 Failure to complete construction of the addition described in Section 2 within two years from the date of passage of this ordinance shall render this variation null and void without further notice or action by the Village. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 8th day of June , 1993. Ayes: Trustees Bartecki, Kenny, PayoJich, Shumate and Skinner Nays: None Absent: Trustee 1-ficlnerney Abstain: None APPROVED THIS 8th day of June , 1993. *ViagZe President ATTEST: Vil age Clerk Approved as to Form: Village Attorney Published Date Paper Not Published XX strahan:ord Trustee McInerney recommended a $1100 a month rental fee for each house with all improvements and water main connection provided by the Village. Trustee Kenny moved to raise the rental fee to an adjusted level to cover the estimated cost of the necessary repairs and if the tenants decline the rent, terminate the lease and vacate the homes. Seconded by Trustee McInerney. Trustee Kenny amended the motion to include the rental of $1100 a month for a one-year lease. Seconded by Trustee McInerney. ROLL CALL VOTE: Ayes: 4-Trustees Bartecki, Kenny, McInerney, and Skinner. Nays: 2-Trustees Payovich and Shumate. Absent: 0-None. Motion carried. ' 11. NEW BUSINESS: A. RECOMMENDATION - STRAHAN REAR YARD VARIATION (27 Robin Hood STRAHAN Ranch): REAR YARD VA (27 Robin This property was developed under County zoning in 1952 and later Hood Ranch) annexed into Oak Brook. The County R-2 zoning which required 12,000 square foot lots were met at this time, but when annexed into Oak Brook, it was put into a R-2 Zoning District which it did not fit, both for lot size (square feet) but also width and depth. This again will affect the setback and side and rear yards. Prior to this request, we have seen fit to grant 16 other variations to allow the modification of other homes in the subdivision. Some of these variations are equal to the variation requested. The Zoning Board of Appeals, at their hearing of May 4, 1993, recommended approval of the request by a 4 to 0 margin. Their consensus that the request- was reasonable due to the following: 1. The lots shallow depth and undersize area; 2. The precedents previously set for similar requests; and 3. The lack of applicable detrimental effects. Trustee Skinner moved to grant the requested variation to reduce the rear yard from 60 feet to 30 feet to allow construction of a room addition and direct the Village Attorney to draft the necessary ordinance to effectuate same. Seconded by Trustee Shumate. ROLL CALL VOTE: Ayes: 5-Trustees Bartecki, Kenny, Payovich, Shumate and Skinner. Nays: 0-None Absent: 0-None. Abstain: 1-Trustee McInerney. Motion carried. VILLAGE OF OAK BROOK Minutes 11 May 25, 1993 I INDEX Page Contents 13 Letter to Board of Trustees from Hawk re: recommendation 12 Letter to Board of Trustees from Acting Chairman 11 Letter to Petitioner's atty from Hawk re: Zoning Board of Appeals meeting 10-10a Zoning Board of Appeals meeting minutes of May 4, 1993 9 Letter of objection from resident at 25 Robin Hood Ranch 8-8a Letter of objection from resident at 9 Robin Hood Ranch to Board of Trustees & Zoning Board of Appeals 7-7c Recommendation from Director of Code Enforcement to Zoning Board of Appeals 6 Board of Trustees Referral 5 Certificate of Publication 4 Resident Letter 3 Referral Memo to Board of Trustees 2 R2 Single Family Detached Residence District - Yards - Zoning Ordinance, Section VII, D, (8) (a-c), (pgs 898-899) 1-lb Variations - Zoning Ordinance, Section =, G, 1-6 (pgs. 966-969) A Petition/Application B Adjacent property owners C Receipt/Payment D-D 1 Letter of Explanation E Letter of Standing by Owner F Existing Site Plan (not attached to folders) G Proposed Site Plan (not attached to folders) H Blueline of Proposed Addition (not attached to folders) I Referral Memo to Board of Trustees I I • 1 vPO�CF Oqk eA0 COUN14' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 703 990- 3000 MEMO May 13, 1993 TO: President Bus y.and the Board of Trustees FROM: Tom Haw SUBJECT: Strahan Variation - Reduction of rear yard requirement - 27 Robin Hood Ranch Recommendation: For approval The Zoning Board of Appeals held the required public hearing regarding this proposal on May 4, 1993. They voted by a margin of 4 to 0 to recommend approval. There was considerable testimony from the neighbors within the Robin Hood Ranch subdivision both in support of and against this proposal. Please see my memo to the Zoning Board of Appeals (Petition Index pages 7-7b). The Robin Hood Ranch subdivision is predominately made up of single story ranch style homes of moderate size. In my opinion, it is inevitable that we will continue to see requests by these homeowners to expand the size of their homes in order to meet their changing family needs. Because of the long rear yard requirement imposed by the R-2 zoning district requirements, in most cases the only other way to expand these homes would be by means of second floor additions. In my opinion, such additions would have an even more dramatic effect on the open space character of this area. In my opinion, the room addition as proposed does not cause any appreciable detrimental effect on the neighbors and is justifiable due to the irregular lot configuration and shallow depth of the lot. I therefore recommend approval. I have suggested to the Robin Hood Ranch Homeowners Association that in order to avoid conflict and disagreements amongst the homeowners of this subdivision, the Association should attempt to establish a general consensus of their members pertaining to requests of this type. Such a position could be helpful to the Village in dealing with future requests. 1 PGA OF a- 4 O r fit'•" `:, a� FCOUNTy,� r VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 300 May 10, 1993 President Bushy and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, II. 60521 Subject: Strahan Variation - 27 Robin Hood Ranch - Rear yard setback Dear Madam President and Board of Trustees: At their regular meeting of May 4, 1993 and pursuant to proper notice, the Zoning Board of Appeals recommended approval by a margin of 4 to 0 the Strahan request to reduce the rear yard from 60 feet to 30 feet to allow construction of a room addition. It was the consensus that the request was reasonable due to the following: 1. The lots shallow depth and undersize area. 2. The precedents previously set for similar requests. 3. The lack of appreciable detrimental effects. There was considerable public testimony. Several neighbors spoke both for and against this request. Respectfully submitted, A/c, Paul Goeken Martis Acting Chairman Zoning Board of Appeals cc: Petition files BOT-MARTITR OF?0 r 9O�COUNt,4 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 May 7, 1993 708 9q0- 3000 Mr. David Wolf Nicholas & Associates 240 E. Lincoln Street Mt. Prospect, IL 60056 RE: Strahan Rear Yard Variation - 27 Robin Hood Ranch Dear Mr. Wolf: This letter will confirm the action of the Zoning Board of Appeals at their meeting of May 4, 1993. The Zoning Board of Appeals voted by a margin of 4 to 0 to recommend approval of your request. This will be reported to the Board of Trustees and placed on the agenda for their meeting of May 25, 1993 at 7:30 p.m. Please be in attendance at this meeting. Sincerely, Thomas R. Hawk Director of Code Enforcement TRH/gp cc: Mr. & Mrs. Strahan Ana Sisson - President Robin Hood Ranch Homeowners Assoc. Petition files Saa-bola /l. 1 D qF T V. STRAHAN - Rear Yard Variation- 27 Robin Hood Ranch David Wolf, architect spoke on behalf of the petitioners. He stated that the subject property was originally zoned under the 1952 zoning code for unincorporated DuPage County. 1. The property is roughly 1/2 acre in size and was given an R-2 zoning. 2. R-2 zoning states that lots are a minimum of one acre. All lots are 1/2 acre lots. 3. Due to required setbacks, owners are left with an irregular shaped lot that under existing zoning is unbuildable. This has resulted in a hardship. 4. Purpose is to upgrade house expand kitchen and bring to current needs; provide master bedroom; storage space; family room and additional garage. These changes will bring home up to current standards in the area. 5. Architecture will blend in with existing structure; one story; not encroaching on side yards; and trying to be sensitive to the area architecture. 6. Overall roof height is 19' - R-2 zoning allows 30 feet. In opposition the neighbors,Arlene Heretik, Carl Hanke,Mary Schenck, and Tom Doyle believed that the proposed changes would obstruct their view, be detrimental to the area, and not conform to original intent of Robin Hood Ranch. Ana Sisson, president of Robin Hood Ranch Homeowner's Association, stated that some neighbors are opposed to the addition, others are concerned about the 4 car garage. Neighbor, Richard Jones stated that the garage may be too large, but other than that he did not have any complaints. Richard Allison stated that if the height could be modified he would be agreeable. He also stated that aren't any 4 car garages in the area. Jack Rogulic has reviewed the plan and does not have any objections and does not believe it is detrimental to the area. Mr. Strahan showed the members photographs of the neighbors view of the property. These pictures showed that the trees would cover most of the view of the proposed addition from Ms. Heretik's home. From Mr. Hanke's home there is no view as it is totally blocked by the trees. Hawk stated that the property was originally subdivided under DuPage County regulations. At that time the rear yard requirement under the county was 30-40 feet. When the area became part of Oak Brook it was zoned R-2 even though the lots do not satisfy the rear yard requirements of R-2. Between 1971 to the present we have granted variations for 8 other lots in the subdivision. Multiple requests have been received, and the direction of the community is larger homes. The homeowner's association should try to arrive at uniform concepts in regards to growth and investment of the property. Many home owners present and future will be seeking changes. A compromise could better address the owners long term needs and these should be submitted to the village. Sisson agreed that his suggestion was a good idea. Acting Chairman Maros asked that Wolf respond to the reasons for the requested variation. 1. - Due to imposed zoning there is no buildable area and they are only using 25% of the entire lot for the addition. If a disaster occurred, every homeowner in this area would have to apply to the Village for a variation. ZONING BOARD OF APPEALS Minutes May 4,1993 4 /00 2. - Annexed into Oak Brook and zoned into an area where they were immediately nonconforming. This was completely out the owners control. 3. - The addition will not alter the locality. Have designed addition to fit into the architecture of the neighborhood. 4 - Hardship - current zoning allows 26 feet of buildable depth. 5. - Unique - in that it was zoned into a classification it could never meet. 6. - Building up the area, no intent to cause any detriment to the area. 7. - Not encroaching - many other buildings encroach further into the rear yards. 8. - Property values - will be increased not reduced. 9. - This is petitioners primary residence and intend to remain in the Village. 10. - owner had no control over the existing zoning that has left his property nonconforming. Member Aldini moved, seconded by member Davis to recommend approval for the variation request at 27 Robin Hood Ranch as presented. The petitioner has demonstrated the need for a variation and has satisfied the requirement that it would not be detrimental to surrounding property owners. A hardship has also been proven as family's needs do change and an adjustment to the structure may exist. ROLL CALL VOTE: Ayes: Aldini, Davis, Hasen, Martis Nays: None Motion passed. VI. ADJOURNMENT Member Davis moved, seconded by Member Hasen, to adjourn the meeting. VOICE VOTE: All in Favor. Motion passed Meeting was adjourned at 9:50 p.m. Approved Date ZONING BOARD OF APPEALS Minutes May 4,1993 5 /6W*1• Mary Schenck 25 Robin Hood Ranch Oak Brook, IL 60521 May 4 , 1993 Zoning Board of Appeals Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Re : Zoning variation request 27 Robin Hood Ranch Dear Board Members: I have reviewed the zoning variation application for no. 27 Robin Hood Ranch, which is the lot adjacent to the north side of my property no. 25 . I am opposed to the Village granting this variation request to reduce the rear yard setback from the present 60 feet to 30 feet. I believe such an action would be detrimental to the value of the surrounding properties and the character of our neighborhood. Very truly yours, D ARLENE HERETIK 9 Robin Hood Ranch AM 3 Oak Brook, Illinois 60521 VILLAGE OF OAK BP,OOK PL4NNING/ZONING April 29, 1993 HAND DELIVERED APR 2 9 1993 President Karen Bushy and Members of the Oak Brook Zoning VILLAGE OF OAK BROOK, IC. Board of Appeals ADMINISTRATION The Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521-2255 Dear President Bushy and Members of the Oak Brook Zoning Board of Appeals: I am writing to formally notify the Village of Oak Brook that I am opposed to the application for residential variance dated March 15, 1993, filed by Nicholas & Associates on behalf of the owners, Mr. and Mrs. Stanley Strahan, owning property located at 27 Robin Hood Ranch, Oak Brook, Illinois. I am opposed to this application for variance for the following reasons: Section G of the Village of Oak Brook's Zoning Code (Appendix A) provides that a petitioner for a variance must establish that the following standards have been met: 1. That the property in question cannot yield a reasonable return if permitted to be used under its current conditions; 2. That the plight of the owners is due to unique circumstances; 3. That the variation, if granted, will not alter the essential character of the locality. In addition, the Code also provides that the owner/applicant must show: 1. That the physical surroundings of the specific property bring a particular hardship to the owner, necessitating the variance, as opposed to a mere inconvenience; 2. That the condition upon which the variance is based, would not be applicable generally to other property in the area; 3. That the granting of the variation will not be detrimental to the public welfare or injurious to other property owners; and I • President Karen Bushy. and Members of the Oak Brook Zoning Board of Appeals April 29, 1993 Page Two 4. That the proposed variation will not impair an adequate supply of light and/or air to the adjacent property, or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. Obviously, the property in question can yield a reasonable return if permitted to be used under its current conditions. These people purchased the property in its current condition. Furthermore, the plight of the owner is definitely not due to any unique circumstances. According to the documentation accompany- ing their petition, the petitioners simply would like to expand their existing residence and put in a larger kitchen, a new family room, a master bedroom and an additional two car garage. This sounds more like a matter of convenience than it does any kind of unique circumstances or "plight". In addition, the variation, if granted, will alter the essential character of the locality. The intent of this subdivision when it was platted over 36 years ago was to maintain as much open space and as much open area as possible. Reducing the setback from 60 to 30 feet represents a substantial reduction which could in fact alter the essential character of the locality. There is nothing in the physical surroundings of the specific property that would indicate any particular hardship to the owner necessitating the variance. There is no hardship cited in this petition. This is a mere matter of convenience and as such does not justify the granting of a variance under the criteria set forth in the Village of Oak Brook variance procedures. In addition, the condition upon which the variance is based would be applicable generally to other property in the area. What will now stop other adjacent property owners in the subdivision from requesting a variance from their 60 foot setback? The subdivision will ultimately have 30 foot setbacks throughout instead of the 60 foot setbacks that were originally intended. After reviewing the preceding five, criteria, it is clear that the granting of this variation will be detrimental, and injurious to other property owners. For these reasons, I respectfully request that you deny. the petition for variance requested by the above mentioned petitioners/owners. e y trul o rs, Arlene Heretik 9 Robin Hood Ranch Oak Brook, Illinois 60521 cc: Mr. Thomas R. Hawk Director of Code Enforcement j p�pF OgkA vP a 90 9CFCOUN V,��y`2 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 MEMO April 28, 1993 TO: Zoning Board f,Appeals FROM: Tom Haw SUBJECT: Strahan Variation - Reduction of rear yard requirement - 27 Robin Hood Ranch Recommendation: For approval This request is not unique to this area. There have been seven (7)previous requests for reducing rear yard setbacks to as low as 28 feet (see attached information sheet). ZONING REQUIREMENT COMPARISON R-2 R-3 R-4 Strahan lot Minimum lot area 43,560 ft 25,000 ft 18,000 ft 22,818 ft Minimum lot width 150 ft 100 ft 75 ft 170 ft Depth based on a minimum width lot 290 ft 250 ft 240 ft 126/142 ft Depth based on a 170 foot width lot 256 ft 147 ft 106 ft 134 ft requested: Rear Setback 60 ft 40 ft 30 ft 30 ft Many of the lots in Robin Hood Ranch have areas between 20,000 and 25,000 square feet. The Strahan lot is typical of the lots in Robin Hood Ranch; and, based on examination of the above comparison, a rear setback in the 30 to 40 foot range is more equitable than the 60 feet imposed by the R-2 designation. April 28, 1993 Zoning Board of Appeals RE: Strahan Variation Page Two I have provided a copy of the petition to the Robin Hood Ranch Homeowner's Association and it is my understanding that they will give us their comments in time for the public hearing. It is my opinion that this lots configuration, small lot and buildable areas and lot depth do constitute a unique circumstance and hardship and also that there are no appreciable detrimental effects to any of the neighboring properties. cc: D. Wolf Petition files 5/03/93 ROBIN HOOD RANCH P & I HISTORY Page 1 it. t Street - - --ling Oat- Type Description --- ----- ----- Reason Bd of Trustee Ord, I Comments ------ ------ ----------- ------ ----------------- ------------------------------ ---------------- ------ ------------------------------------------------------------ 1 Robin Hood 10/22/74 Var Rear Yard 60' to 50' 10/22/74 S-320 Proposed new residence 1 Robin Hood 10/22/74 Var Side Yard 100'to 52' east yard App 10/22/74 5-320 Proposed new residence 1 Robin Hood 10/12/74 Var Side Yard 18'to 15' west yard App 10122/74 5-320 Proposed new residence 2 Robin Hood 7/27/71 Var Rear Yard to 11', ro addition Existing home at 27' 7127111 5-133 • 4 Robin Hood 11/11/80 Var Rear Yard 5-459 4 Robin Hood 12/21/88 Var Rear Yard 60'to 33' Addition App. 3/14/89 5-665 Legal exist. nonconforming home at 23'from rear lot line 6 Robin Hood 4/22/86 Var Rear Yard 60'to 32' Room addition 4/22/86 5-580 Legal exist. nonconforming home w/ approx. 30' rear yard. 7 Robin Hood 9/24/85 Var Rear Yard 60'to 40' Addition 9/24/85 5-568 See side yard 7 Robin Hood 9/24/85 Var Side Yard 18'to 15' Roof overhang 9/24/85 5-568 In-line with existing home, also see rear yard. 10 Robin Hood 5/15/86 Var Rear Yard 60'to 57' Roof overhang App. 7/22/86 5-594 • 10 Robin Hood 5/15/86 Var Side Yard 18'to 15' Roof overhang App. 7/22/86 5-594 10 Robin Hood 3/30/90 Var Driveway Denied 7/24/90 16 Robin Hood 7/25/72 Var Rear Yard 7/25/72 S-257 See S-185 rescission 16 Robin Hood 7/24/73 Var Rear yard repealed Ord. 5-257 7/24/73 S-285 See 5-257 16 Robin Hood 3/18/88 Var Rear Yard 60'to 49' Room Addition 6/114/88 S-537 27 Robin Hood 3/19/93 Var Rear yard, 60 ft to 33 ft. Room addition 05/25/93 Undersize 'ot. irregular shape. 30 Robin Hood 6/26/79 Var Rear Yard 60'to 48' 06/26/79 5-432 Existing home is nonconforminq - rear yard at 52' � 1 33 350` . __:4009 4Os 40 21 _ 3309 3312 _--- - 4 � 3 317 .. _ _ �' `' b 2 3 ► 3,321 304\ � y � 4 7 33 0 340 3 X31 3412 ISO 5 9 - Z 4c z 34U ` , �. ZS Y K La a.E d , 35bo , 3504 0 20 ' 21 354 3 soZ 3514 - �` 3S 14 - - A4 4 19, 4 ir 320 31G .1 t 5 0b JPIVIAV - - wzNNE 9 1 3 f , Pit ,. Boa 42 z , QZ Approved Omnibus Vote. C. REQUEST FOR STATE JOINT PURCHASE REQUISITION - 1993/94 DEICER DEICER SALT SALT: Approved Omnibus Vote. 93/94 JOINT PURCHASE D. PAYOUTS: PAYOUTS: 1. JAMES J. BENES & ASSOCIATES - PAYOUT #10 - JORIE BOULEVARD BENES: JORIE CONSTRUCTION: Approved Omnibus Vote. BLVD. INSP.- $2,453.58 2. CRAWFORD, MURPHY & TILLY, INC. - PAYOUT #5 - UNDERGROUND CMTT: UST STORAGE TANK: Approved Omnibus Vote. $6,795.88 E. REFERRALS: REFERRALS: 1. KATSIS VARIATION - (1124 35th Street) - HORSE STABLING -- 1124 35th St. REFER TO ZONING BOARD OF APPEALS MEETING OF MAY 4, 1993: HORSE STABLIN Approved Omnibus Vote. 2. REAR YARD VARIATION - STRAHAN (27 Robin Hood Ranch) -- REFER 27 Robin Hood TO ZONING BOARD OF APPEALS MEETING OF MAY 4, 1993: Approved Ranch: REAR Omnibus Vote. YARD VARIATIO F. AMERICAN CANCER SOCIETY - BIKE-A-THON: Approved Omnibus Vote. AMER. CANCER BIKE-A-THON 6. ITEMS REMOVED FROM OMNIBUS AGENDA: 6-19-93 G. RESOLUTION NO. R-581 A RESOLUTION AUTHORIZING EXECUTION OF RES. R-581 AGREEMENT WITH ILLINOIS BELL (Relocation of Utilities - Sports ILL. BELL AGM_ Core - Tennis Bubble) : RELOCATE UTIL. LITTES-TE, NIS Trustee Shumate moved to pass Resolution No. R-581 as presented an BUBBLE waive the full reading thereof. Seconded by Trustee Bartecki. $2,770.62 ROLL CALL VOTE: Ayes: 5-Trustees Bartecki, Mayer, Payovich, Shumate and Skinner. Nays: 0-None. Absent: 0-None. Abstain: 1-Trustee Winters. Motion carried. 7. FINANCIAL: A. APPROVAL OF BILLS: APPROVAL OF BILLS Voucher List of Bills Presented for Approval April 13, 1993 to reflect payment from the following funds: General Corporate Fund $216,692.43 Hotel/Motel Tax Fund 400.00 Motor Fuel Tax Fund 10,296.73 Water Fund 11,974.00 Sports Core Fund 42,492.28 VILLAGE OF OAK BROOK Minutes 3 April 13, 1993 6. Notice of CERTIFICATE OF PUBLICATION Public Hearing PADDOCK PUBLICATIONS,INC. Village of Oak Brook �uS gHE and D&Hedd Cook Counttas Illinois NOTICE IS HERBY GIVEN that a public hearing before the Zoning Board of Appeals of the Village of Oak Brook DuPage and Cook Counties, Illlnola,will be held on May 4, 1993 at 7:30 ppm. in the oak Brook village. A Corporation organized and existing under and by virtue of the laws of the State of Hall,1200 Oak Brook Road,Oak Brook,Illinois for the pIurpose of Mr. considering sttaanlepStrraal�27 Illinois, DOES HEREBY CERTIFY that it is the publisher of DAILY HERALD. That Robin Hood Ranch Road, Oak Brook, IL 60521 to Request a i variation to reduce the rear yard setback for a singIs family resi- said DAILY HERALD is a secular newspaper and has been published daily in the dence addition.The petitioner is seeking a variance from the ex- se�t�o vlllo)zoning regulation Village of Lombard, Villa Park, Oak Brook and Oakbrook Terrace rear yard setback to 33 feet as provided under Section XIII (G) of the Zoning Ordinance of the Village of Oak Brook,Illinois,Or- County(ies) of DuPage dinance G-60,as amended. Variation to the following Sec- equesed Zoning�'e b"from and State of Illinois, continuously for more than one year prior to, on and since the the provisions of Section VII(D) to permit a variation to reduce ailrsnce ad single family dn The date of the first publication of the notice hereinafter referred to and is of general property may be generally de- scnbed as 27 Robin Hood Ranch,legal description 011;is ro circulation throughout said Village, County(ies) and State. lows: Lot 21 in Robinhood Ranch oosubdivision,ar e west/2 ois�ii«, I further certify that DAILY HERALD is a newspaper as defined in "an Act to revise 3 Township 39 North,Range 11, East of the Third Principal Me- ridian, according to the Plat thereof recorded June 15,1953, the law in relation to notices" as amended to Act approved July 17, 1959-III. as Document #65-421, In Du- 'Page Counly,Ifnnols. Permanent Parcel . 100 Chap. Para. 1 and 5. #06-36-105-007 Revised Statutes, p , All persons desiring to be heard to support of or In oppoel- ton to the proposed variation or any provision thereof,will be af- That a notice of which the annexed printed slip is a true copy, was published forded an opportunity to do so and may submit their statements hea ng°fineY ling;both.toy April 14 , 19 9 3 other date If notice of time and place thereof is publ" an- nounced at the hearing or is giv- en bynewspaper publication not in said DAILY HERALD. less than five (5) days prior to the date ore recessed hear- in g. ' In accord with the provisions of the American with Disabilities Act, any individual who Is in need of a reasonable accommo- dation in order to Participate in IN WITNESS WHEREOF,the undersigned,the said PADDOCK PUBLICATIONS, or benefit from attendance at this public meeting should con- tact Thomas Hawk,the Village's ADA Coordinator, as soon as Inc., has caused this certificate to be signed and its corporate seal affixed hereto, Possible before the meeting date. The petitioner's application is on file with the Village Clerk and by MARGIE FLANDERS, its Treasurer, at Arlington Heights, Illinois. with the Director of Code En- forcement. Persons wishing to examine the petition documents may arrange to do so with the Director of Code Enforcement, Thomas Hawk, Village of Oak Brook 1212 Oak Brook Road, Oak Brook, IL 60521,telephone 708.990-3045. LINDA GONNELLA Village Clerk Published at the direction of _ the Corporate Authorities and the Zoning Board of Appeals of _ the Village of Oak Brook, Du- Page and cook Counties. Ill+- noes. PADDOCK PUBLICATIONS, INC, Published in Lombard-Vela DAILY HERALD NEWSPAPERS Park-Oak-Oak Brook-Oakbrook Ter- race Herald Apr 14,1993. 0 BY 7 N' ^t: 'Treasjre.. PPI-5129-A .0 pF 0.4k e�Opf G �a C 4 � COUNTY' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 April 14, 1993 7 0 8 x)90- >l`0C Dear Resident: The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a Variation Request to reduce the rear yard setback for a single family residence addition at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Nicholas & Associates 240 E. Lincoln Street Mt. Prospect, II. 60056 on behalf of- Mr. & Mrs. Strahan Relationship of applicant to property: Contractor/Owner Name of Subdivision: Robin Hood Ranch The property in question is located at: 27 Robin Hood Ranch Also shown on the reverse side is a map of the area to assist you in determining your relationship to the property in question. The request which has been made is as follows: To reduce the rear yard setback from 60 feet to approximately 33 feet to allow construction of a for a single family residence addition. If you desire more detailed information, please contact me at the Building Department to review the file on this application. I look forward to your attendance at the public meetings. Sincerely yours, Thomas R. Hawk Director of Code Enforcement TRH/gp STRAHAN-.LTR y • • All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, on Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois. Zoning Board of Appeals . . . . 7:30 p.m., Tues., May 4, 1993 Board of Trustees Meeting . . . 7:30 p.m., Tues., May 25, 1993* *tentative '`- J ( 1 I I t G Tlq�•0.0.V —1Tl�A LOCATION OF f ,' ;� �`,:, _ ,� __- _ -1 ♦♦. PROPERTY l,. G i r 3 4 AL L ii J �It O • ao p 3 6 ( K-.ARE C T j I . I 1 j o • — I r J CAE /�� � � -- 1.-_-fir 'C� ,y`" -G`a ti,✓// _ S7RAHAN-.LTR OF OgKe OO C. o 4 t1 CouNt'�' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 MEMO 08 990- 1000 April 6, 1993 TO: President Bushv#d the Board of Trustees FROM: Tom Hawk SUBJECT: Strahan - 27 Robin Hood Ranch - Rear Yard Variation We have received the above variation request. Please refer it to the Zoning Board of Appeals for public hearing at their meeting of May 4, 1993. 3. r Y sec vII OAK BROOK CODE (D) R2 Single-Family Detached Residence District. (1) Permitted Uses: As in the RI Single-family Detached Residence District. (2) Special Uses: As in the RI Single-family Detached Residence District,except airports. (3) Lot Area: No less than one acre--except as otherwise required in this ordinance for specific use. (4) Lot Width: Not less than 150 feet within the buildable area. (5) Floor Area Ratio: Not to exceed 0.5 for nonresidential use. (6) Structure Height: (a) Residential uses: Not more than 30 feet and not more than two and one-half stories. (b) Institutional and other nonresidential uses: Not more than 45 feet. (7) Ground Floor Area per Dwelling: (a) One story,without basement- not less than 1,800 square feet. (b) One story, with basement-not less than 1,600 square feet. (c) Dwellings having more than one story -not less than 1,250 square feet. (8) Yards: Except.as required in Section VII C-1-g(2)and(4)of this ordinance,yards shall be provided as follows: (a) Front: Not less than 40 feet in depth. (b) Side: Not less than 18 feet in depth -except(1) a side yard a butting a street shall not be less than 40 feet in depth and(2) for nonresidential uses each side yard abutting a street shall be not less than 50 feet in depth and each interior side yard shall be not less than 30 feet in depth and increased by not less than 2 feet 898 APPENDIX A-ZONING sec.vii I for each one foot of structure height over 30 feet. (c) Rear. Not less than 60 feet in depth. (9) Off-Street Loading and Off-Street Parking: As in Section XI of this ordinance. (E) R3 Single-Family Detached Residence District. (1) Permitted Uses: As in R1 Single-family Detached Residence District. • Sec.X M OAK BROOK CODE reasonable time. The Board may reverse or affirm wholly or partly, or may modify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that end has all the powers of the official from whom the appeal is taken. (4) Decisions: All decisions after hearing of the Zoning Board of Appeals on appeals from an administrative order,requirement,decision,or determination of the Building Inspector or other authorized official of the Village of Oak Brook, shall, in all instances,be final administrative determinations and shall be subject to judicial review only in accordance with applicable Statutes of the State of Illinois. (G) Variations. (1) Authority: The Board of Trustees shall decide all applications for variations of the provisions of this ordinance after a public hearing held before the Zoning Board of Appeals on such notice as shall be required by the Illinois Statutes. The Zoning Board of Appeals shall hold public hearings on all applications for variations and.shall report its recommendations to the Board of Trustees as to whether a requested variation would be in harmony with its general purpose and intent, and shall recommend a variation only where it shall have made a fording of fact specifying the reason or reasons for recommending the variations. Such findings shall be based upon the standards prescribed in Section MM G-4 of this ordinance. No variation shall be granted by the Board of Trustees without such findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recommend the variation,it can only be adopted by an ordinance with the favorable vote of two-thirds of the Trustees. (2) Initiation: An application for a variation shall be in triplicate and may be made by any governmental office,department,board,bureau or commission,or by any person,firm or 966 r APPENDIX A-ZONING SW.1M corporation having a freehold interest, a possessory interest entitled to exclusive possession,a contractual interest which may become a freehold interest,or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. (3) Processing: An application for a variation shall be filed with the Village Clerk who shall forward one copy of such application to the Zoning Board of Appeals for processing in accordance with applicable Statutes of the State of Illinois and one copy to the Board of Trustees. (4) Standards: (a) The Zoning Board of Appeals shall not recommend a variation of the provisions of this ordinance as authorized in this section unless it shall have made findings of fact based upon the evidence presented to it on the following specific issues that: (1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. (2) The plight of the owner is due to unique circumstances. (3) The variation, if granted, will not alter the essential character of the locality. (b) For the purpose of supplementing the above standards, the Zoning Board of Appeals,in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts,favorable to the applicant,have been established by the evidence that: 967 At. sec.7t1 OAK BROOK CODE (1) The particular physical surroundings,shape,or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. (2) The condition upon which the petition for variation is based would not ' be applicable generally to the other property within the same zoning classification. (3) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire,or ' otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. (c) The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood,and to implement the general purpose and intent of this ordinance. (5) Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which could otherwise be achieved by a rezoning of the property involved,such 968 - APPENDIX A-ZONING sx)M as,but not limited to, establishment or expansion of a use not permitted in a residence district; authorizing the construction of residences in other than residence districts; nor authorizing other than single-family detached residences in the RI, R2, R3 and R4 Districts. (6) Re-applications: Any person, firm, or corporation having been denied a variation to the Zoning Ordinance respecting a specific parcel of property may not re-apply for a like variation on said real property until the period one(1) year has elapsed since the denial of the application for variation by the President and Board of Trustees. (Ord.No.G-137, 9-14-71) 969 Ad. 0 a VILLAGE OF OAK BROOK APPLICATION FOR PUBLIC HEARING SINGLE FAMILY RESIDENTIAL ZONING VARIATION FEE- $300 ALL APPLICATIONS- MUST BE ACCOMPANIED BY THE $300 FEE, AND 18 COPIES OF ALL OTHER NECESSARY SUBMITTAL DOCUMENTS. PLEASE REFER TO THE ATTACHED SUBMITTAL DOCUMENTS GUIDELINE. ------------------------------------------------------------------ APPLICANT TO COMPLETE PROPERTY ADDRESS: 27 Z0 51t490 D ftgc 12o. PERMANENT PARCEL NO. 0!0.34.105.007 LOT NO. 2 SUBDIVISION: 3(0 ZONING: ZONING ORDINANCE SECTION: VII 00 ACTION REQUESTED: VAZIAMeF- To ZED Ttle REAL YARD Stt :M= RMA SINGLE FAMILY MS1DENCE AD DIT'1oM PROPERTY INTEREST OF APPLICANT: OWNER , X _ CONTRACT PURCHASER AGENT OWNER(S) MZ. A MCS. srA9LzY ST2AMAM PHONE NO. 70$-&54,o04o ADDRESS 27 9015IN1400D "W..M ED. OAk-152COe ZIP O� SZ 1 APPLICANT MICJOLAS i AssnruAms PHONE NO. 706.344.6200 ADDRESS 240 E. LINCOLN Sr. MT. 'P=ST-SGT Z I p %005(0 I(we) certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the est pf IN (ou ) knowledge and belief . (Signatu ) A icant Date (Signature) Applicant Date ------------------------- DO NOT WRITE BELOW -- FOR OFFICE USE ONLY Date Filed: 3/19/93 Board of Trustees Referral • 4/13/93 Notice Published: 4/14/93 Newspaper: The oings Date Adjacent Property Owners Notified: 4/14/93 Staff Referral, : u/e Hearing Dates :. 5/4/93 Zoning Boarfd: Board of Trustees : 5/25/93 Board o€.;Trustees, Ordinance App oval Date : FEE PAID:, $ �. 300.00 Receipt No. 5705 Received By: LL Village Clerk Ares�arap,dac 4r2'1/92 RESIDENTIAL VARIATION , PAGE 5 • Surrounding property owners Following are the names and addresses of surrounding property owners of the property in question for a distance of 250 feet in all directions . Do not include the width of any roads, streets , alleys , and public ways in computing the 250-foot requirement . These names and addresses can be obtained at the : Assessor' s Office Assessor' s Office York Township Downers Grove Township 1502 Meyers Road 4340 Prince Street Lombard, IL 60148 Downers Grove , IL 60515 (708) 627-3354 (708 ) 968-2100 The people on this list will notified by mail with the information about your request and the meetings schedule. LOT* NAME ADDRESS M1"AEL 4 CAE& LE-E. 3 o��3ld- row- 0v3 34- Z0819140= t?u" >zo. 6052f L1Rs8IR -smw- 4 o!o-3fo- t0(o-DO4- SZ z015t&H242 &mCJ4 1W. &OGZI X&O Aea 4&AMOM Zto:4es 3Q OE3l la;-IDOL? 24KCIA �I •_ ___ 521 ,w �j� /fir+) W I LWAM M'j A//MYy+'1{ ACT z `/1 MA"Wer CW436L, 7 nl-S& -3o3-ooze UP easIqgoor7 r�eNC►al �o . X052! C u $ 0�a-j5(a- x03 -005 Z4 rmni L CW=m ec�tcu r�1 �osZ� J-441N A1►POMe N q Otto-ale-303 -ood. NANcy 0OYGE i o 0L-��• 6 3 3 W 9=611-COD P-AgC2-1 F-=—. t�52~I Wr-U . Weama yer— nl.,-3_la- o3-D (4 1e PO=IhIM000 UNW ZM._ tooSZl ToesEpN dap-z"9r Z ��-.3� - 3 a3 •o I 18 P-o>?S I1jt;4d==)„9AM ==- 4EoCete *MArmy -WSSoN S1-. i 3 Oho - a-1f)4- On g% 1Z 9Qj5 jbj 9QO0 2AI40-N ZrL 60521 GE V4ff 84ssam -OQ2. !n F,015jQ Cn0 I 140WATM codSTeu o IS n/- 54- 10 - 001 eCBIN400D 9AACN 1 66SZ-1 Attach additional pages , if necessary . ceszarap.sac 4/21J12 RESIDENTIAL VARIATION , PAGE 6 86 Surrounding Property Owners Following are the names and addresses of surrounding property owners of the property in question for a distance of 250 feet in all directions . Do not include the width of any roads, streets , alleys , and public ways in computing the 250-foot requirement . These names and addresses can be obtained at the: Assessor' s Office Assessor ' s Office York Township Downers Grove Township 1502 Meyers Road 4340 Prince Street Lombard, IL 60148 Downers Grove, IL 60515 (708) 627-3354 (708 ) 968-2100 The people on this list will notified by mail with the information about your request and the meetings schedule. NAME ADDRESS :7U4 jk v(oo-aT jc 041JUG I(o Qge 3k- to5 -001 �;5 V-Q51tJQQ g? 9AI :�J4 FD. &OSZ1 714oMAS 4 PArVXtA i>oYLE l? �. •a=�ta� - 002 7 ZO lint, 9AN42A F=. �.ozj t� a to cd� uawce �. MAr-Y 5<-Aem - Zo a� • 3!a►• row �ocA8 - ZS 12081MUCCO IZAMC9 20,605el Z2 &- o ZP WeeIZO A ANNA MeELpoy 5 ZowwlocD eAkdA zeo . WILLIAM 13;ErST40W alLo. o - 3l0- o 002 d$ Y10, ,4fr�u¢ X"N FU LLip eo - - 201 - oo .412 Yo Fk- zy,. 040 - o I - O VAe ANT (Uft AS ABove WILLIAM 44 MILpQEt7 SUDW44 R`i= Te o. ISO X 741 F+d2JC.P—pge 6 . Attach additional pages , if necessary . [esiatap..QC W.1142 RRS I DENT I AL VARIATION , PACE 6 Ir Q ------ - -- , to i • snu• CRC cor I It I i .CH C ' W i / \ HISTORIC GRAUE. MILL GAT -- 22 y= AFFECT= P1ZOPEfzT'Ic-S NOT To SCALE B z_. NICHOLAS & ASSOCIATES FIRST NATIONAL BANK 240 E.LINCOLN ST. PH.708-3948200 OF DES P MEET CHECK NO. MOUNT PROSPECT.IL 80058 DES MAINE�iLE Sole 7°190"1° 10472 NN. DATE AMOUNT PAY 3-18-93 $300.00 TO THE ORDER Village of Oak Brook OF i 1:0 7 19 1790 21:1'-50 207 8 70118 IzEO SIGNATURE op .:�• :;3oa o 705 3/q ... :: NUMBER CHECK 3 CHECKS $ CASH INV 9 DATE NAME G.L.ACCOUNT I DESCRIPTION I INVALID VILLAGE OF OAK BROOK WITHOUT Au SIGNATURE BUREAU OF INSPECTION 8 5 7 0 5 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PHONE: (708) 990-3000 RETAIN THIS RECEIPT �IItiC FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS f •c-ti . :�-ter•' •�i h. .. R t NICHOLAS & ASSOCIATES 240 E. LINCOLN ST. MT. PROSPECT, ILLINOIS 60056 (708) 394-6200 FAX (708) 394-6205 March 18, 1993 Mr. Tom Hawk Director of Code Enforcement Dept. of Zoning Oakbrook, IL Letter of Explanation RE: Request for Variance to 27 Robinhood Ranch Road Oa kbrook, IL Dear Mr. Hawk, On behalf of Mr. & Mrs. S. Strahan, please find a request for variance to the existing R-2 zoning regulation pertaining to the 60' rear yard setback for the property commonly known as 27 Robinhood Ranch Road, Oakbrook, Illinois. Brief History The property is question was originally recorded as part of unincorporated DuPage County in 1953. The orgin.al intended zoning classification for the property was 'R' residential. The only stipulation for a 'R' district at that time was a minimum lot size of 20,000 s.f., for a single family residence. Sometime after 1953 the property was incorporated into the Village of Oak Brook, and currently holds a '11-2' zoning classification. Current Status We contend that the existing property does not/nor could it ever meet the current 'R-2' zoning requirements for which it has been placed based on the following: 1. Lot size required - 1 acre (43,560 s.f.) ACtual - .52 acre (22,818 s.f.) 2. Minimum lot width Required - 186' Actual - 169.65' 3. Due to the required front and rear yard setbacks only 26.2' or 20.5% of the lot depth is buildable. 4. Based on the current requirements the existing rear yard setback passes through the existing residence. The above restrictions create a lot which is undesirable due to it's limited buildable area and shape, event-hough • it is located in a mature, desirable area with other homes of equal or greater size and value. • Mr. Tom Hawk Dept. of Zoning March 18, 1993 Page Two Request for Variance The owner wishes to update and enlarge the existing 35 year plus home with a larger kitchen, new family room and master bedroom. Due to the layout and positioning of the house on the lot, the most sensitive and practical solution is to expand on the north and west sides of the lot in order to utilize the most available open part of the lot. The current house has an existing 3 seasons aluminum and glass addition which would be razed and the resultant area incorporated into the proposed addition. The intent of the proposed addition is to maintain the architectural character of the existing home and surrounding homes, which consist primarily of one-story sprawling ranches of equal or greater size. It is our contention that the end result will add to the surrounding area, bringing the property up to date with other homes in the area without being detrimental to the character and value of the neighborhood. Based on the above we request a variance to the required 60' rear yard setback as follows: 1. 40' to the new main addition foundation. 2. 30' to the new covered porch foundation. Sincerely, NICIJOLAS SSOCIATES David F. Wo Architect DF W/jr March 15, 1993 Village of Oak Brook To whom it may concern, Please use this letter as authorization for Nicholas & Associates, 240 E. Lincoln St. , Mt. Prospect, Il, to act as our agent to apply for a variance and/or building permit for our residence at: 27 Robin Hood Ranch Oak Brook, Il 60521 Should you have any questions, please contact us. Sincerely, C� q tanle Strahan Carol J. Strahan Home: 708-654-0040 Bus. : 312-992-2280 G,. O�Of 04'y G ?O 9�F ``yam COUNtr VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 MEMO 708 990-3000 March 23, 1993 TO: President Bushy and the Board of Trustees FROM: Tom Hawk SUBJECT: Strahan - 27 Robinhood Lane - Rear Yard Variation We have received the above variation request. Please refer it to the Zoning Board of Appeals for public hearing at their meeting of May 4, 1993. I.